Council Favors Rezoning Site For Shopping Center

Allentown City Council voted 5-2 last night in favor of rezoning a 9.7-acre tract at northwest 31st Street SW and Emmaus Avenue to accommodate a proposed $6-million shopping center.

The action was taken over the objections of neighbors - primarily from Emmaus and Salisbury Township - and a lawyer's contention the rezoning is illegal.

The neighbors' major concerns were that the Giant market, which would be the anchor store, and 10 other businesses will generate increased traffic and drainage problems.

Councilwoman Karen Ritter said, "No matter what happens on that tract, there will be an impact on traffic in the area. And if we have anything to do with it, there will be development."

The matter was one of two rezoning issues that were subject to a public hearing before council's regular meeting.

Action on a request to establish a business zone along the proposed Dorneyville Bypass through the Cedar Crest College campus will not be taken until after it is reviewed by council's community development committee. Ritter, who heads the committee, said she hopes to schedule a meeting at 7:30 p.m. Monday to air the request.

No one objected to the college's request to reclassify land bordering the bypass from high density residential to a highway business zone.

Council unanimously approved a $77,818 allocation to the Lehigh Valley Solid Waste Authority as the city's share of a $425,000 debt incurred in planning a regional incinerator and landfill in Bethlehem. The debt is for such costs as legal, engineering and consultant fees.

Last week, council members indicated a reluctance to pour money into the project while it is mired in dispute. Council President Watson W. Skinner had predicted "some balking" at this appropriation.

The consensus among members last night was the city has to make the payment or jeopardize chances of the project becoming a reality.

"There is no way we cannot go along with this because of the money already invested," Howells said. "However, I do feel we've been misled."

The resolution authorizing the additional contribution to the Solid Waste Authority states it will be made available "at such time as the authority receives the same (75 cents) per capita funding from Bethlehem and Easton."

It also states the city of Allentown recognizes the contribution is needed "to bring about a successful financial closing of the escrow financing, assuming the successful completion of the landfill contract negotiations."

Councilmen have charged that Bethlehem is holding up progress by asking for unreasonable fees for dumping ash, the incinerator byproduct at the landfill.

A year ago, Bethlehem had asked $18.50 per ton of ash deposited in the landfill. However, Bethlehem has upped the asking price to $40, Allentown Community Development Director Donald M. Bernhard told council last night.

Bernhard, a member of the authority, said another "thorny issue" is the liability for the operation of the landfill. He said there has been protracted discussion among lawyers on legal ways to resolve the problem.

The liability issue centers on who would be responsible for dangers posed by the $115-million incinerator and its byproducts.

The concern has been raised by American Ref-Fuel Co., the proposed builder of the facility, that it may be held liable for potential groundwater pollution from the landfill.

Bernhard said he feels "there's a decent shot" of successfully reaching accord with Bethlehem officials within the next month.

Alfred Siess of Coopersburg warned council of the environmental problems the incinerator might create. He noted it will emit dioxins into the atmosphere.

Howells said the only option is to continue to dispose of garbage in landfills.

Much of the testimony presented at last night's hearing on the rezoning of the 31st and Emmaus Avenue land was a repetition of that presented at a community development hearing last week. The committee voted 4-0 to recommend council's approval of the zoning change from industrial to "shopping center business."

Howells and Frank Palencar were the dissenters in the final vote.

The primary entrance would be on Emmaus Avenue. There would be two entrances on 31st Street, one of which would be for trucks serving the stores.

Jan Keim of Salisbury Township said the real purpose of zoning is "not for the economic betterment of corporations." She said it centers on the health, safety and welfare of residents.

Before a decision is made on rezoning the property, she said, council should have results of market, traffic and drainage studies. She said the impact of the shopping center on existing businesses also should be considered.

Most of the objectors warned that traffic problems will be compounded for residents as well as shoppers.

Jay Needle of Buttonwood Street, Emmaus, noted that Conrail freight trains will create traffic bottlenecks on 31st Street. He said the shopping center will add to the flooding problems along Lehigh Street.

Cathy Reinhard of 902 Buttonwood St. said the property should be zoned for a more passive use such as professional offices.

Attorney Joseph A. Fitzpatrick Jr., representing residents of the area, said the rezoning is illegal because it is "spot zoning."

Attorney James A. Bartholomew, representing the shopping center developers, said he feels comfortable that the change would not constitute spot zoning. He said the center would serve as a buffer zone between the industrial segment and the residential area around the center.